3.60 Edmonton South Special Area

To designate the annexed lands that were part of Leduc, as shown on Appendix I to this Section, as a Special Area and to adopt appropriate land use regulations for this Special Area as agreed upon through the annexation process.

The designation, location, and boundaries of each underlying Zone affected or created through Section 3.60 Shall apply as indicated on Appendix I to this Section.

Zones contained in Section 3.60 have been created in conformance with Section 7.70. Where a discrepancy exists between the Special Area regulations and general zoning regulations, the Special Area regulations Shall prevail.

4.1. When a term defined in Subsection 4 of Section 3.60 is also defined in Section 8.20 or Section 8.10 of this Bylaw, the definition provided in Subsection 4 of Section 3.60 shall take precedence in Edmonton South Special Area. Any uncapitalized terms used in Subsection 4 of Section 3.60 that are otherwise defined in Section 8.20 or Section 8.10 of this Bylaw shall be interpreted using their plain and ordinary meaning.
 
4.1.1. Abattoir means a Lot or Building where animals are slaughtered and butchered and May include the packing, treating, storing and sale of the products. 
4.1.2. Accessory Building means a Building that is incidental and subordinate to a Principal Use or Principal Building on the same Lot and is more than 10.0 m2 (107.6 ft2) in area or 2.0 m (6.5 ft.) in height.
4.1.3. Accessory Development means a Use or Building that is incidental and subordinate to a Principal Use or Principal Building located on the same Lot.
4.1.4. Adjacent Land means land that is contiguous to a Lot of land that is subject of a Development or Subdivision application and includes land that would be contiguous if not for a public roadway, highway, river or stream, or reserve Lot. 
4.1.5. Agricultural Operation means an agricultural activity conducted on agricultural land for gain or reward or in the hope or expectation of gain or reward and includes Agriculture, Extensive; Agriculture, Horticultural and Agriculture, Livestock. This does not include Cannabis or any Cannabis related Uses.
4.1.6. Agricultural Processing, Limited means on-site processing of the products from an Agricultural Operation for distribution or sale, but does not include an Abattoir or the processing of the products from any other Agricultural Operation. This does not include Cannabis or any Cannabis related Uses.
4.1.7. Agriculture, Extensive means a system of tillage which depends upon large areas of land for raising crops and includes Buildings and structures incidental to farming.
4.1.8. Agriculture, Horticultural means a growing operation that, due to its nature, May require smaller tracts of land and includes Buildings and structures incidental to farming. Without restricting the generality of the foregoing, this land use category May include Uses such as a plant nursery, Market Garden, tree farm and specialty crop production, but not a Commercial Greenhouse. This does not include Cannabis or any Cannabis related Uses.
4.1.9. Agriculture, Livestock means an Agricultural Operation that involves keeping of Livestock where the number or density of animals on the subject Lot is less than the threshold which requires approval by the Natural Resources Conservation Board as a confined feeding operation and includes Buildings and structures incidental to farming.
4.1.10. Amenity Space means generally green space and planting which softens the urban fabric, allows for informal leisure, and provides a setting for Buildings.
4.1.11. Amusement Entertainment Services means a Lot or Building used for providing entertainment and amusement to patrons, usually for a fee or admission charge. Typical Uses and facilities would include a go-cart track, miniature golf course, carnival, circus, table or electronic games establishment, amusement theme-park and drive-in motion picture theatre.
4.1.12. Animal Care Service means a facility such as a hospital or shelter used for the temporary accommodation, care, treatment or impoundment of animals. This would include such Uses as Veterinary Clinics, animal training and grooming facilities. 
4.1.13. Applicant means the registered owner of land or persons authorized by the registered owner to act as representative or agent. 
4.1.14. Automotive Sales and Service means the retail sale, rental of new or used automobiles, trucks, motorcycles, and Recreational Vehicles, together with incidental maintenance services and sales of parts, but does not include major Equipment Sales and Service.
4.1.15. Automotive and Equipment Body Repair means a facility where automobiles, trucks, other vehicles and equipment undergo body repair, sandblasting and/or painting.
4.1.16. Automotive and Equipment Repair means a facility for: 
 
4.1.16.1. the servicing and mechanical repair of automobiles, trucks and utility vehicles, motorcycles, snowmobiles, motor homes and similar vehicles; 
4.1.16.2. the sale, installation, or servicing of related accessories and parts; and 
4.1.16.3. servicing and repair of small engines and equipment; but 
4.1.16.4. does not include auto body repair, paint shops, or wrecking yards.
4.1.17. Bicycle Parking Space means an area set aside for the parking of 1 bicycle.
4.1.18. Broadcast Film Studio means a facility used for the production, recording and/or broadcasting of presentations typically associated with radio, television and motion pictures.
4.1.19. Building Area means the area of land covered by a Building and measured between the exterior surfaces of the outer walls of the Building.
4.1.20. Building Grade means, for the purposes of determining Building height to implement this Bylaw, the average level of finished ground adjacent to the front of the Building, excluding any localized depressions. 
4.1.21. Building means anything constructed or placed on, in, over or under land but does not include a highway or public roadway or a bridge forming part of a highway or public roadway. 
4.1.22. Bulk Oil Sales means a facility used for the bulk storage and distribution of petroleum products and May include card-lock retail sales.
4.1.23. Business Office means a Building or part of a Building used primarily for clerical, managerial or administrative functions and May include: 
 
4.1.23.1. the use of minor mechanical equipment for printing, duplicating, binding or photographic processing; 
4.1.23.2. secretarial services; 
4.1.23.3. Professional, Scientific and Technical Services; 
4.1.23.4. Information Services; 
4.1.23.5. office maintenance or custodial services; 
4.1.23.6. office security; and 
4.1.23.7. the sale, rental, repair, or servicing of office equipment.
4.1.24. Campground means Development of land for temporary placement of holiday trailers, motor homes, tents, campers and similar accommodations for short term occupancy, together with such necessary facilities as washroom, laundry and camp shop, to meet the needs of campground users.
4.1.25. Cannabis Accessory Store means a retail store unlicensed by the Province of Alberta where Cannabis Accessories are sold at the premises and does not include the sale of any Cannabis.
4.1.26. Cannabis Accessory means Cannabis accessory as defined in the Cannabis Act (Canada) and its regulations, as amended from time to time and includes, but is not limited to; rolling papers or wraps, holders, pipes, water pipes, bongs, vaporizers, or anything that is deemed to be used in the consumption of Cannabis.
4.1.27. Cannabis Production Facility means an enclosed Building, licensed by the Federal Government, where Cannabis is grown for distribution (for medical or private retail purposes), and typically includes the cultivating, propagating and/or harvesting of the Cannabis plant. Other processes May include the packaging, shipping, testing and storage of Cannabis and Cannabis related products.
4.1.28. Cannabis Retail Store means a retail store licensed by the Province of Alberta where Cannabis (and May include Cannabis Accessories) are sold at the premises. 
4.1.29. Cannabis Storage and Distribution Facility means an enclosed Building, licensed by the Provincial Government, where Cannabis is stored, but not grown (for medical or private retail purposes), and May include processes such as the packaging, shipping, storage and distribution of Cannabis and Cannabis related products. 
4.1.30. Cannabis means Cannabis plant, fresh Cannabis, dried Cannabis, Cannabis oil and Cannabis plant seeds and any other substance defined as Cannabis in the Cannabis Act (Canada) and its regulations, as amended from time to time, and includes edible products that contain Cannabis. This excludes Industrial Hemp licensed or exempt by the federal government under the Industrial Hemp Regulations (or other applicable Acts or regulations at the time of application. 
4.1.31. Casino/Gambling Establishment means a facility licensed by Alberta Gaming and Liquor, where the principal activity is gaming with the chance of monetary loss or gain through playing such games. Types of gaming May include card or other table games, video lottery terminals, slot machines, or other electronic or mechanical gambling devices. Accessory Development May include  Restaurants, Drinking Establishments and Commercial Retail Services.
4.1.32. Cemetery means land that is used for the burial of human or animal remains and May include such Developments as memorial parks, burial grounds and mausoleums.
4.1.33. Child Care Facility means Buildings and lands used for the provision of care, instruction, maintenance or supervision of 7 or more children by a person other than one related by blood or marriage, for periods not exceeding 24 consecutive hours and includes all day-care centres, early childhood services, nurseries and after-school or baby-sitting programs which meet this definition.
4.1.34. Commercial Greenhouse means a facility used to raise, display and sell plants within an enclosed structure and May include sales of related gardening or plant-care products as a minor component.
4.1.35. Commercial Retail Service means the retail sale or rental of consumer goods and services to the general public. Heavy equipment sales or rentals and Liquor Sales are not included within this definition.
4.1.36. Commercial Storage means a Building or group of Buildings in which rentable space is provided for the storage of goods of a non-hazardous nature.
4.1.37. Contractor Service, General means a service of a major construction nature that requires Outdoor Storage and warehouse space. Any sales, display, office or technical support service areas Shall be accessory to the principal general contractor service Use only.
4.1.38. Contractor Service, Indoor means a construction related service such as electrical, plumbing, heating, painting and Landscaping primarily to individual Landowners but May also service other businesses, and May include the limited sale of goods normally accessory to the service. Outdoor Storage of equipment is not permitted and commercial vehicles kept on the premises Shall be of a maximum of 1 Ton or smaller.  
4.1.39. Convenience Retail Service means the retail sale of goods to area residents and employees on a day to day basis, from Buildings not exceeding 275 m2 (2,960 ft2) in total gross Floor Area. Typical Uses include small food stores, drug stores and variety stores. Liquor Sales and Gas Bars are not included within this definition.
4.1.40. Corner Lot means a Lot that abuts a road on 2 sides that intersect with each other.
4.1.41. Cultural Facility means a Development used for the collection and/or appreciation of literary, artistic, musical, historical, scientific, natural and similar reference materials, or a Building intended for live theatrical, musical or dance performances. Typical facilities would include libraries, museums, art galleries, auditoriums, theatres and concert halls.
4.1.42. Development Permit means a document or permit, which May include attachments, issued pursuant to this Bylaw authorizing a Development. 
4.1.43. Development means:
 
4.1.43.1. an excavation filling or stockpile and the creation of them; or
4.1.43.2. a Building or an addition to, or replacement or repair of a Building and the construction or placing in, on, over or under land of any of them; or
4.1.43.3. a change of Use of land or a Building or an act done in relation to land or a Building that results in or is likely to result in a change in the Use of the land or Building; or
4.1.43.4. a change in the intensity of use of land or a Building or an act done in relation to land or a Building that results in or is likely to result in a change in the intensity of use of the land or Building.
4.1.44. Directional Sign means a Sign providing directions to a facility which May not be located on the same Site as the Sign, and does not include any advertising of products or services. 
4.1.45. Discretionary Use means the use of land or a Building provided for in the Bylaw for which a Development Permit May be issued, with or without conditions, by the Development Planner upon application having been received by the City.
4.1.46. Distribution Facility means a Building for the storage and/or distribution of goods and May include the temporary storage of Motor Vehicle, Commercial (i.e. trucks and tractor trailers) for freight handling including the pick-up, delivery and transitory storage of goods incidental to motor freight shipment.
4.1.47. Double Fronting Lot means a Lot that abuts a road on 2 sides that do not intersect.
4.1.48. Drinking Establishment means a commercial facility, licensed by the Alberta Gaming and Liquor Commission, in which alcoholic beverages are served for consumption on the premises, and includes a licensed lounge that is ancillary to a Restaurant.
4.1.49. Drive-In Food Services means a Development used for eating and drinking, which offers a limited menu produced in a manner that allows rapid customer service and includes one or more of the following features: 
 
4.1.49.1. car-attendant services;
4.1.49.2. drive-through food pick-up services; or 
4.1.49.3. parking primarily intended for on-site consumption of food within a motor vehicle or within the Building which contains limited amount of seating.
4.1.50. Dwelling means a self-contained Building or part of a Building used for human habitation and usually containing living, sleeping, cooking, eating and sanitary facilities for a single Household.
4.1.51. Dwelling, Communal means an arrangement of Dwellings as an integral part of an agricultural, educational, recreational or religious facility operated by a recognized communal organization.
4.1.52. Dwelling, Custodial Suite means a Dwelling within a non-residential Building and intended for use by persons employed to provide on-site security and/or maintenance of land, Buildings, animals or equipment.
4.1.53. Dwelling, Detached means a Dwelling that is separate from other Buildings and constructed or assembled on Site upon a permanent foundation and includes a Dwelling, Modular.
4.1.54. Dwelling, Manufactured Home means a factory constructed transportable single or multiple section detached Dwelling conforming to the CAN/CSA A277 or CAN/CSA Z240 MH series certified standards at the time of manufacture designed with a steel frame substructure, and is ready for residential occupancy upon completion of set-up in compliance with required factory recommended installation instructions including placement on a foundation and hook up to utilities.
4.1.55. Dwelling, Modular means a finished factory constructed single or multiple section Dwelling, Detached designed with a wood frame substructure intended to be relocated in modules or as a single unit, assembled and placed on a permanent foundation. Finished means fully enclosed on the exterior and interior but May not include interior painting, taping, and installation of cabinets, floor covering, fixtures, heating system, and exterior finishes.
4.1.56. Dwelling, Moved In means a Dwelling, Detached that was constructed at a location other than the Lot on which it is to be placed for use as a Dwelling.
4.1.57. Dwelling, Principal means the Dwelling determined by the Development Planner to be primary for the purpose of assigning secondary status to an additional Dwelling under Edmonton South Special Area.
4.1.58. Dwelling, Secondary means an additional Dwelling that is ancillary to a Dwelling, Principal on the same Lot, and May include a Garden Suite, Secondary Suite, Manufactured Home or Custodial Suite.
4.1.59. Education Service means a service involving the assembly of persons for educational, training or instruction purposes and May include related administrative offices, and dormitories and Accessory Buildings. Typical facilities include public and separate schools, private schools or seminaries, community colleges, universities, technical and vocational facilities.
4.1.60. Environmental Impact means an adverse effect on the use or enjoyment of an area due to noise, odour, illumination, dust, smoke, vibration, hazardous or dangerous emission or material, visual appearance or any other elements deemed relevant by the Development Planner.
4.1.61. Environmentally Sensitive Area means:
 
4.1.61.1. hazardous lands and areas that are unsuitable for Development in their natural state (i.e. floodplains, steep and unstable slopes);
4.1.61.2. areas that perform a vital environmental, ecological or hydrological function (i.e. aquifer or recharge groundwater storage areas);
4.1.61.3. areas that contain unique geological or physiological features;
4.1.61.4. areas, Buildings or features that are important for cultural, historical, prehistoric or archeological reasons;
4.1.61.5. areas that contain significant rare or endangered animal or plant species;
4.1.61.6. areas containing unique habitats with limited representation in the region or small remnants of previously abundant habitats which have virtually disappeared;
4.1.61.7. areas that contain large, relatively undisturbed habitats and provide shelter for species that are intolerant of human disturbance; and
4.1.61.8. areas that provide an important link for the natural migration of wildlife. 
4.1.62. Equestrian Facility means a facility used for the training of horses and riders and May include facilities for horse boarding and grooming, horse shows and equestrian competitions.
4.1.63. Equipment Sales and Service means a facility used for the sale, rental, service, or repair of heavy vehicles, machinery or mechanical equipment typically used in Building, roadway, pipeline, oil field and mining construction, manufacturing, assembling and processing operations, and agricultural production.
4.1.64. Fence means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, or to provide sound abatement.
4.1.65. Financial Service means a service related to money management and investment typically provided by a bank, trust company, investment dealer, credit union, mortgage broker or related business, and May include rapid customer service such as a drive-through.
4.1.66. Floor Area means the total horizontal area of all floors of a Building above Building Grade, and including in the case of a bi-level or split-level Building a floor level less than 1.2 m below Building Grade, within the outside surface of exterior walls and the centreline of fire walls but not including attached Garages, basements, decks, patios, driveways, sidewalks, open porches or breezeways.
4.1.67. Frame and Fabric Structure means a Building designed and constructed with a rigid frame that supports an exterior fabric covering and May also include some rigid exterior wall panels containing windows and/or doors.
4.1.68. Freestanding Sign means a Sign permanently fixed to the ground independent of a Building or other structure.
4.1.69. Front Yard means that portion of the Lot extending across the full width of a Lot from the front property line to the nearest portion of the Building.
4.1.70. Funeral Service means a facility used for the preparation of the dead for burial, the purification and reduction of the human body by heat and the keeping of bodies other than in a Cemetery and the holding of associated services. Typical Uses include: 
 
4.1.70.1. funeral homes; 
4.1.70.2. crematoriums; and 
4.1.70.3. mausoleums.
4.1.71. Garage means an accessory Building or part of the Principal Building, designed and used primarily for the storage of motor vehicles.
4.1.72. Gas Bar means a facility used for the sale of motor fuel, lubricating oils, automotive fluids, and associated convenience store products. The Gas Bar May be a self-service, full service, key lock, card lock, or other similar operation and May include a vehicle-washing facility as an Accessory Use but does not provide auto repair or servicing.
4.1.73. Group Home means a Dwelling that is recognized, authorized, licensed or certified as a social care facility by a relevant government authority, to provide room and board for persons with physical, mental, social or behavioural problems living together as a single Household of more than 6 members, which May include resident staff. Group homes Shall not include substance abuse treatment centres, boarding and lodging houses, temporary shelter services or detention and correction services. 
4.1.74. Group Home, Limited means a Dwelling that is recognized, authorized, licensed or certified as a  social care facility by a relevant government authority to provide room and board to persons with physical, mental, social or behavioural problems living together as a single Household of no more than 6 members including resident staff. Limited Group Homes Shall not include substance abuse treatment centres, boarding, lodging houses or temporary shelter services and detention and correction services.
4.1.75. Guest House means all or part of an accessory Building which has sleeping accommodation, and May have sanitary services but which does not have cooking facilities and is not intended to be used as a self-contained Dwelling unit. Sleeping accommodation above a detached Garage Shall be deemed to be a Guest House.
4.1.76. Home Based Business Type 1 means a secondary use of an occupied principal Dwelling by the permanent residents of the Dwelling to conduct a business, which does not change the character of the Dwelling or present any exterior evidence of such activity and does not involve client visits.
4.1.77. Home Based Business Type 2 means a secondary use of an occupied principal Dwelling and/or its accessory Buildings by at least 1 permanent resident of the Dwelling. The business May involve client visits at the discretion of the Development Planner and no more than 1 commercial vehicle on-site (maximum 1 ton weight). 
4.1.78. Home Based Business Type 3 means a secondary use of an occupied principal Dwelling, its accessory Buildings and Site, or a combination thereof, by at least 1 permanent resident of the Dwelling, to conduct a business. The business May include some outdoor activity, some non-resident employees at the discretion of the Development Planner (maximum 3), client visits at the Development Planner’s discretion, and a maximum of 2 commercial vehicles. 
4.1.79. Hotel means a commercial Development that provides rooms or suites for temporary sleeping accommodation with access from a common interior corridor and that May include accessory food services, licensed Drinking Establishments, entertainment facilities, meeting rooms, personal service establishments and Commercial Retail Services. 
4.1.80. Household means a person or a group of persons living together as a single housekeeping group and using cooking facilities shared in common, and May also include domestic or personal care staff. 
4.1.81. Industrial Hemp means, as defined by the Industrial Hemp Regulations, Cannabis plants and plant parts, of any variety, that contains 0.3% tetrahydrocannabinol (THC) or less in the leaves and flowering heads. 
4.1.82. Industrial, Light means an indoor industrial or manufacturing activity which, in the opinion of the Development Planner, cannot be detected (noise, glare, vibration or airborne emissions) from outside of the Building that houses the operation, and May involve altering, assembling, fabricating, finishing, inspecting, making, processing, producing, treating or repairing, items either by hand or through the use of machinery. Industrial, Light May include the temporary storage of onsite motor vehicle, commercial for freight handling including pick-up, delivery and transitory storage of goods incidental to motor freight shipment directly related to the permitted Use. In certain Zones, Industrial, Light May include small areas of Outdoor Storage (actual availability and area provided for Outdoor Storage to be outlined within applicable Edmonton South Special Area Zone regulations). Industrial, Light May include small format retail accessory to the Principal Use.
4.1.83. Infilling means the placement of natural uncontaminated earth or aggregate materials (i.e. clay, silt, sand, gravel) on a Lot to alter drainage grades or to build up a Site for a proposed Building or Development, but does not include placement of dry-waste or land fill waste materials.
4.1.84 Information Service means a facility engaged in producing and distributing information in a digital or printed format and includes data processing, library services and archives, publishing and printing services.
4.1.85 Institutional Use means public administration and service, and May include libraries, museums, auditoriums, schools, colleges, hospitals, protective and emergency services, and other government and community activities as determined by the Development Planner.
4.1.86 Kennel means a facility used primarily for the breeding, boarding, caring or training of dogs and May include other Small Animal Breeding and Boarding Services.
4.1.87 Labour Group Housing means a facility to provide limited-term accommodation for persons employed on a specific work project on or near the facility and May include Manufactured Homes, Recreational Vehicles and holiday trailers.
4.1.88 Landowner means the current assessed owner(s) of a Lot as shown in the assessment files of the City.
4.1.89 Landscaping Element, Hard means an impermeable Landscaping element such as, but not limited to, ceramic, brick, wood, concrete, or marble. Fences, decorative walls, fountains, and ornaments are also considered as Hard Landscaping Elements.
4.1.90 Landscaping Element, Soft means vegetation adapted to the Alberta climate such as, but not limited to, grass, flowering plants, Shrubs, and trees. A rock garden incorporating vegetative elements is also considered a Soft Landscaping Element.
4.1.91 Landscaping Sales and Service means the use of lands, Buildings or structures, or part thereof, for the purpose of selling soft Landscaping materials such as seeds, plants, trees and Shrubs, as well as hard Landscaping materials such as rocks, pavers, ornaments, shale, crushed rock or other similar materials associated with Landscaping.
4.1.92 Landscaping means the incorporation, preservation, or enhancement of vegetation and other materials on a Site which are intended to improve the aesthetic appeal of the Site, contribute to the character of a neighbourhood, and/or harmonize the Site with its surrounding natural environment.
4.1.93 Liquor Sales means the wholesale or retail sale or distribution to the public of any and all types of alcoholic spirits or beverages as defined by the Alberta Liquor Control Act.
4.1.94 Livestock means cattle, swine, poultry, sheep, goats, horses, game and similar animals.
4.1.95 Local Community Facility means a facility provided by a municipality, group or organization without profit for recreational, social or cultural purposes and intended primarily for the use of the local area residents.
4.1.96 Lot means a quarter section; a river Lot or a settlement Lot shown on an official plan registered in a Land Titles Office; or part of a parcel of land described in a certificate of title.
4.1.97 Manufactured Home Sales and Service means Development used for the display, sale or rental of new or used Manufactured Homes and includes the provision of maintenance services and sale of parts and accessories.
4.1.98 Manufacturing, Light means a facility used for indoor processing, assembly and packaging of goods using innovative or advanced technology, a highly skilled work force and having no adverse Environmental Impact with respect to noise, glare, vibration or airborne emissions, and May include indoor storage and display of materials and products.
4.1.99 Manufacturing, Limited Indoor means a facility used for small scale on-site indoor production of goods by hand; manufacturing primarily involving the use of hand tools and fewer than 5 production employees. Typical Uses include, but are not limited to:
 
4.1.99.1. jewelry, toy and musical instrument manufacturing;
4.1.99.2. gunsmiths; and
4.1.99.3. pottery and sculpture studios.
4.1.100. Market Garden means a facility where plants such as flowers, herbs, fruits and vegetables are cultivated in greenhouses or outdoor garden plots and sold on-site to the general public.
4.1.101. May is an operative word that means a choice is available, with no particular direction or guidance intended.
4.1.102. Motel means a commercial Development that provides self-contained rooms or suites for temporary sleeping accommodation with or without kitchen facilities, where each room or suite has its own sanitary facilities and an exterior access. A Motel May include accessory food services, meeting rooms and personal service establishments.
4.1.103. Multi-Lot Residential Subdivision means a Subdivision of land, registered by plan of survey or descriptive plan containing 4 or more contiguous Lots where the Lots have been created for, or are being principally used for, residential purposes.
4.1.104. Natural Resource Extraction means the removal of natural resources (excluding oil and gas), including peat, timber and wood fibre, metallic and non-metallic minerals (such as sand, gravel, coal, limestone, gypsum, granite and salt). Typical facilities or uses would include:
 
4.1.104.1. gravel pits, sand pits, clay or marl pits;
4.1.104.2. peat extraction;
4.1.104.3. stripping of topsoil; and
4.1.104.4. commercial tree clearing.
4.1.105. Night Club means a Building or part thereof used primarily for the provision of pre-recorded music or/and live musical entertainment for listening and/or dancing by the patrons, and/or the provision of live comedic entertainment for patrons, and whose secondary function is the sale and consumption on the premises of food and alcoholic beverages (to be licensed by the Alberta Gaming and Liquor Commission). This operation is only open to the public between the hours of 17h30 and 02h00.
4.1.106. Outdoor Storage means the accessory storage of equipment, goods, and materials in the open air where such storage of goods and materials does not involve the use of permanent structures or the material alteration of the existing state of the land.
4.1.107. Park means land specifically developed or reserved for active or passive public recreational use and includes natural and man-made Landscaping, playing fields, infrastructure, and Buildings that are consistent with the general purposes of the land. Typical Uses include tot-lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds and water features.
4.1.108. Parking Court means a portion of a parking Lot which generally includes one or more access aisles & parking stalls, and May include bioswales, landscaped boulevards, sidewalks or pathways, lighting, and other elements.
4.1.109. Parking Facility means the area set aside for the storage and parking of vehicles that includes one or more Parking Courts, used to service a Development, a group of Developments accessible within a walking distance, or enable the users to access a mode of transportation other than a private vehicle, and whereas the owner and/or the operator May require at his own discretion, a fee or an admission charge.
4.1.110. Parking Space means an area set aside for the parking of 1 motor vehicle.
4.1.111. Passive Recreation means outdoor recreational pursuits that generally do not require significant infrastructure or facility Development and are quiet and peaceful in character. Typical Uses include nature studies, bird watching, picnicking, fishing, walking and similar activities that do not significantly disturb the natural environment.
4.1.112. Permitted Use means the use of land or a Building provided for in the Bylaw for which a Development Permit Shall be issued, with or without conditions, by the Development Planner upon application having been received by the City.
4.1.113. Personal and Health Care Service means the provision of a personal aesthetic or grooming service; or physical or mental health service of a preventative, diagnostic or therapeutic nature. Typical facilities would include:
 
4.1.113.1. hair salons and barbershops;
4.1.113.2. medical and dental offices;
4.1.113.3. health clinics;
4.1.113.4. counseling services;
4.1.113.5. fitness centres; and
4.1.113.6. chiropractic offices.
4.1.114. Principal Building means a Building which:
 
4.1.114.1. occupies the major or central portion of a Site,
4.1.114.2. is the chief or main Building among one or more Buildings on the Site, or
4.1.114.3. constitutes by reason of its use the primary purpose of the Site.
4.1.115. Principal Use means the primary purpose for which a Building or Site is used. There Shall be no more than 1 Principal Use on a Lot unless specifically permitted in Special Area Edmonton South.
4.1.116. Professional, Scientific, and Technical Service means a facility that provides services that require a high degree of expertise and training. Services May include: 
 
4.1.116.1. legal advice and representation;
4.1.116.2. accounting, bookkeeping, and payroll services;
4.1.116.3. architectural, engineering, and specialized design services;
4.1.116.4. computer services;
4.1.116.5. consulting services;
4.1.116.6. research services;
4.1.116.7. advertising services;
4.1.116.8. photographic services;
4.1.116.9. translation and interpretation services; and
4.1.116.10. other similar activities.
4.1.117. Protective and Emergency Service means a facility providing protection of persons and property from injury, harm, or damage, together with incidental storage of emergency equipment which is necessary for the distribution of services. Typical Uses include police, fire and ambulance stations.
4.1.118. Province means the Province of Alberta and includes all Ministries and Departments within the Government of Alberta.
4.1.119. Rear Yard means that portion of the Lot extending across the full width of the Lot from the rear property line to the nearest portion of the Building.
4.1.120. Recreation, Indoor means a facility where patrons participate in sports events and other recreational activities in an enclosed Building that May include Accessory Restaurants and Commercial Retail Services. Typical Uses include but are not limited to, arenas, athletic clubs, health and fitness clubs, gymnasiums, swimming pools, rifle and pistol ranges, bowling alleys, and racquet clubs.
4.1.121. Recreation, Outdoor means a facility where patrons participate in sports and other outdoor recreational activities and it May include Accessory Restaurants and Commercial Retail Services. Typical Uses include golf courses, driving ranges, ski hills, tennis courts, swimming pools, waterslides, sports fields, equestrian trails, boating facilities and recreational trails.
4.1.122. Recreational Lot means a Lot intended for recreational Development as Principal Use.
4.1.123. Recreational Vehicle Storage means a facility used for the storage of Recreational Vehicles including but not limited to motor homes, travel trailers, fifth wheels, truck campers, tent trailers, or similar vehicles.
4.1.124. Recreational Vehicle means a motor vehicle or structure attached to a motor vehicle that is designed to provide mobile living accommodations and includes a travel trailer, truck camper, tent trailer, fifth wheel and motor home.
4.1.125. Recycling Depot means a facility used for sorting, storage and distribution of bottles, cans, tetra- packs, newspapers, cardboard, plastics and similar Household goods for reuse.
4.1.126. Recycling Depot, Indoor means a facility used for sorting, storage and distribution of bottles, cans, tetra-packs, newspapers, cardboard, plastics and similar Household goods for reuse, and whereas all material and goods are contained within the Building.
4.1.127. Religious Assembly means a facility operated by a recognized religious organization for worship and related religious, philanthropic or social activities and includes accessory rectories, manses, meeting rooms, classrooms, dormitories and other Buildings. Typical facilities include churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries.
4.1.128. Residential Lot means a Lot intended for residential Development as Principal Use.
4.1.129. Restaurant means a facility primarily intended for the preparation and sale of foods and beverages to the public for consumption on or off the Site. This use typically has a varied menu, with a fully equipped kitchen and preparation area.
4.1.130. Retail Store, Large Format means a Building or part thereof, in which goods are offered for sale, lease and/or rental to consumers. Where the primary function of the retail store is the sale of food, food May be prepared on the premises and offered for sale to the public for consumption on the premises or off the premises. Retail Store, Large Format, Buildings Shall have a gross Floor Area greater than 930 m2 (10,000 ft2). Typical Uses include, but are not limited to, warehouse retail, outlet stores and large-scale grocery stores. This Use excludes the sale, lease and/or rental of motor vehicles and commercial motor vehicles.
4.1.131. Road, Arterial means a road designed for high volumes of traffic with uninterrupted flow, which provides connectivity between a collector road and a freeway with no direct access to Lots.
4.1.132. Road, Highway means a road designated by the Province as a Highway
4.1.133. Road, Internal means a public roadway, not designated as a Road, Municipal Grid, providing direct access to Lots within a registered multi-lot Subdivision.
4.1.134. Road, Lane means rear access roads that act as a secondary vehicle network in urban and suburban areas.
4.1.135. Road, Municipal Grid means a Township or Range Road.
4.1.136. Road, Service means a public road adjacent to a Road, Highway, providing direct road access to Lots adjacent to the highway.
4.1.137. School, Commercial means a Building of part thereof, where specialized instruction is provided for the financial gain of the individual or company owning the school, and includes, but is not limited to, a business school, a trade school, a driving school, a dance school, a music school, a fine arts school, a martial arts school, language/cultural school, or a tutoring school.
4.1.138. Screening means a structure, berm, or planting used to visually obscure a Development Site from Adjacent Lands.
4.1.139. Seasonal Sign means a Sign erected for a limited period of time every year in the same location and providing the same general information to advertise a seasonal activity such as a plant nursery.
4.1.140. Security Suite means a Dwelling, Custodial Suite, Manufactured Home, holiday trailer, or motor home no larger than 55.7 m2 (600 ft2) used to provide on-site accommodation for security personnel during working shifts and not to be used as a permanent residence.
4.1.141. Service Station, Major means a facility used for the servicing, washing, or repairing of vehicles; and the sale of gasoline, other petroleum products, and vehicle parts and accessories. A Major Service Station May include a Restaurant, Convenience Retail Services and specialty food services. Typical Uses include truck stops and highway service stations.
4.1.142. Service Station, Minor means a facility used for the routine repair, servicing or washing of vehicles within a building containing up to three (3) service bays; and for the sale of gasoline, petroleum products, and a limited range of automotive parts and accessories and may include convenience retail services.
4.1.143. Setback means the perpendicular distance to a Development from an adjacent natural or man-made feature, such as an escarpment, road, or property line.
4.1.144. Shall is an operative word that means the action is obligatory.
4.1.145. Shrub means a horticultural rather than strictly botanical category of woody plant that has a spread and/or height greater than 30.48 cm (1.0 ft.), distinguished from a tree by its multiple stems and lower height, usually less than 5.0-6.0 m (15.0-20.0 ft.) tall.
4.1.146. Side Yard means that portion of the Lot extending from the Front Yard to the Rear Yard and lying between the side property line and the nearest portion of the Building.
4.1.147. Sign means an object or device intended for the purpose of advertising or calling attention to any person, matter, thing or event.
4.1.148. Site means an area of land consisting of 1 or more adjacent Lots.
4.1.149. Small Animal Breeding and Boarding Service means a facility for breeding, boarding, caring or training of small animals other than dogs, and normally considered as Household pets.
4.1.150. Stockpiling means the short to long term accumulation of goods, aggregates, soils, clays or similar materials, on a specified property, usually accumulated as a result of earthworks or to accommodate Development.
4.1.151. Streetscape means the space between the Buildings on either side of a street that defines its character. The elements of a Streetscape include Building Frontage/facade, Landscaping (trees, yards, bushes, plantings, etc.), sidewalks, street paving, street furniture (benches, kiosks, trash receptacles, fountains, etc.), Signs, awnings, and street lighting.
4.1.152. Subdivision means division of a Lot by an instrument. (“subdivide” has a corresponding meaning).
4.1.153. Temporary Asphalt Plant means a facility used for the purpose of producing and distributing asphalt cement products, located on a Site for a period not exceeding 8 months.
4.1.154. Temporary Sign means a Sign erected for a specified period of time announcing or advertising an event of limited duration.
4.1.155. Top Of Bank means the upper natural topographical break that signifies the upper edge of the slope to a watercourse or water body.
4.1.156. Truck Terminal means a Building or part thereof, where trucks and/or tractor trailers are dispatched for hire as common carriers for pick-up, delivery, and transitory storage of goods incidental to motor freight shipment.
4.1.157. Truck Weigh Scale means a large scale structure that is usually mounted permanently on a concrete foundation that is used to weigh entire vehicles (motor vehicle, commercial) and their contents. By weighing the vehicle both empty and when loaded the load carried by the vehicle can be calculated. Truck Weight Scale May be accessory to a Dwelling, Custodial Suite.
4.1.158. Utility Service, Major means Development for utility infrastructure purposes which, in the opinion of the Development Planner, is likely to have a major Environmental Impact. Typical Uses include, but are not limited to:
 
4.1.158.1. sewage treatment plants;
4.1.158.2. water treatment plants;
4.1.158.3. major pump houses;
4.1.158.4. water towers or tanks;
4.1.158.5. sewage lagoons;
4.1.158.6. snow dumping Sites;
4.1.158.7. sludge disposal beds;
4.1.158.8. garbage transfer and compacting stations;
4.1.158.9. power terminal and distributing stations;
4.1.158.10. power generating stations;
4.1.158.11. cooling plants;
4.1.158.12. equipment and material storage yards for vehicles, utilities and services;
4.1.158.13. district heating plants;
4.1.158.14. incinerators; and
4.1.158.15. waste recycling plants.
4.1.159. Utility Service, Minor means Development for utility infrastructure purposes which, in the opinion of the Development Planner, is likely to have only minor Environmental Impact. Typical Uses in this class include, but are not limited to, works used to provide water, sewage disposal, irrigation, drainage, fuel, telephone, electric power, waste management, public transportation, or street lighting for public benefit, convenience, or use.
4.1.160. Vehicle Storage means Outdoor Storage or indoor storage of vehicles that are not directly associated with the Principal Use of the Lot on which they are being stored.
4.1.161. Veterinary Clinic means a facility for the medical care and treatment of small animals and includes provision for their overnight accommodation but does not include outdoor pens, runs or enclosures.
4.1.162. Warehouse Sales means a facility used for the wholesale or retail sale of a limited range of goods from within an enclosed Building where the size and nature of the principal goods being sold typically requires a large Floor Area for storage and display. Typical uses include, but are not limited to, sales of furniture, carpets, major appliances, and Building materials. This Use does not include the retail sale of food or of a broad range of goods for personal or Household use.
4.1.163. Warehousing and Storage, Indoor means the use of a Building primarily for the keeping of goods and merchandise, excluding dangerous or hazardous materials, derelict vehicles or any waste material, and whereas all goods and merchandises are contained within the Building.
4.1.164. Warehousing and Storage, Limited means the use of a Building or a portion of a Site primarily for the keeping of goods and merchandise, excluding dangerous or hazardous materials, derelict vehicles or any waste material.
4.1.165. Wholesaling Facility means a Building or part thereof where the purpose of the business is buying goods for resale to other employment, commercial, institutional, or agricultural business users including other wholesalers.
4.1.166. Wildland means an area of uncultivated land that is primarily covered with trees, bushes or wild grasses and left in a natural or near natural state.

 

5.1. Accessory Development - Accessory Development Shall comply with the following regulations:
 
5.1.1. An Accessory Building Shall be considered as a Permitted Use where it is accessory to a Permitted Use and as a Discretionary Use where it is accessory to a Discretionary Use.
5.1.2. Despite Subsection 5.1.1, an Accessory Building exceeding the maximum area prescribed as a Permitted Use in the Zone regulations Shall be considered discretionary.
5.1.3. An Accessory Building Shall not be used as a Dwelling unless specifically approved for that purpose either as accessory to a non-residential Development, or as an additional Dwelling on a residential Site.
5.1.4. An Accessory Building Shall not be permitted to locate within an easement.
5.1.5. Despite Subsection 5.1.4, the Development Planner May issue a permit for a movable Accessory Building to be located within an easement, provided the permit includes a condition ensuring that, at the request of the City, the structure will be removed at the sole cost of the Landowner.
5.1.6. Where another Building is attached to the Principal Building on a Site by a roof, common wall or foundation, it is considered as part of the Principal Building and not an Accessory Building.
5.2. Airport Vicinity Protection Area
 
5.2.1. The Development Authority Shall not approve a Development permit application for any land within an Airport Vicinity Protection Area unless the Development complies with the applicable regulations made under Section 693(1) of the Municipal Government Act.
5.2.2. Airport Vicinity Protection Area Regulations May be amended only by application to the Province.
5.3. Design and Appearance of Development
 
5.3.1. Proposed Development within or adjacent to a Multi-lot Residential Subdivision, Shall be designed, constructed and maintained to the satisfaction of the Development Planner with respect to its appearance, including but not limited to:
 
5.3.1.1. Rooflines, facades and exterior finishes;
5.3.1.2. Satellite dishes, radio antennas, exterior lights, Signs and other such equipment;
5.3.1.3. Outdoor Storage areas and garbage enclosures;
5.3.1.4. Parking Lots and Internal Roadways;
5.3.1.5. Fencing and Landscaping;
5.3.1.6. Other factors deemed relevant by the Development Planner.
5.3.2. When reviewing the design and appearance of a Development, the Development Planner Shall consider the quality and durability of finishing materials, aesthetic compatibility with surrounding Development, visual impacts on roadways and other public areas, Site security, public safety, and any other factors deemed to be relevant.
5.3.3. When reviewing the design and appearance of a Development, the Development Planner May solicit input from neighbouring Developments, government departments and agencies, industry representatives, and any other relevant source.
5.3.4. The Development Planner and Subdivision Authority Shall apply all design standards and requirements as outlined in Edmonton South Special Area.
5.3.5. Streetscapes Shall be designed, constructed and maintained to the satisfaction of the Development Planner and/or the Subdivision Authority and must meet all City standards. Streetscapes in some Zones May have additional requirements to ensure that they are pedestrian friendly and adequately furnished, providing a safe focal point for all users to interact and socialize.
5.3.6. In a multifamily residential Development, the design of each Site Shall ensure architectural compatibility of structures such that the principal design elements, finishing materials, colours and roof style Shall be applied to each Building with appropriate variations.
5.4. Environmental Considerations
 
5.4.1. On a Lot adjacent to the North Saskatchewan River Valley a minimum Setback of 50.0 m (164.0 ft) from the Top Of Bank to any Development Shall be required to reduce Environmental Impacts and manage risk.
5.4.2. Further to Subsection 5.4.1, on a Lot adjacent to any other permanent water body a minimum 20.0 m (65.6 ft) Setback Shall be required between the Top Of Bank and any Development.
5.4.3. On a Lot adjacent to a slope of 15% (8.3° ) or greater, or any slope which in the opinion of the Development Planner might be unstable, a geotechnical assessment by a professional engineer May be required in order to evaluate stability, and to recommend appropriate Development Setbacks, consistent with provincial guidelines.
5.4.4. Despite Subsections 5.4.1, 5.4.2, and 5.4.3, if the Development Planner is satisfied by the submission of a professional environmental and/or geotechnical assessment that the variance of a Setback is warranted, the Setback May be increased or reduced accordingly.
5.4.5. Within the minimum Setback as required by Subsections 5.4.1 and 5.4.2, land disturbance and the removal of trees or vegetation Shall be minimized to reduce environmental effects and the risk of property damage.
5.4.6. The Development Planner Shall not approve a permanent Building within the 1:100 year floodplain of any watercourse.
5.4.7. The Development Planner May approve a permanent Building within the 1:100 year flood-fringe subject to flood-proofing to mitigate potential damage and indemnification of the City from potential liability.
5.4.8. The Development Planner May require an Applicant to submit environmental reports, to the satisfaction of the Development Planner, for Development in or near an Environmentally Sensitive Area as part of the Development Permit application.
5.4.9. When considering Development involving land in or adjacent to an Environmentally Sensitive Area, the Development Authority May refer the application to federal or provincial departments and other relevant environmental agencies for comments prior to reaching a decision. A Development Permit issued for a Permitted or Discretionary Use within an Environmentally Sensitive Area May include conditions for meeting specific environmental objectives determined by the Development Planner, including those identified in comments provided by federal or provincial departments and other relevant environmental agencies. Such conditions May include, but are not limited to:
 
5.4.9.1. restrictions on Site clearing and grading;
5.4.9.2. additional Setback requirements;
5.4.9.3. retention of shelterbelts;
5.4.9.4. Fencing;
5.4.9.5. siting and standards of Buildings;
5.4.9.6. emission controls; and
5.4.9.7. buffering requirements.
5.4.10. Removal of natural vegetation and alterations to the natural drainage of lands within or adjacent to an Environmentally Sensitive Area Shall be discouraged.
5.5. Landscaping
 
5.5.1. The Development Planner May require the Applicant of a proposed Development to provide decorative Landscaping on the Site as a condition of approval.
5.5.2. Where a Development proposes the removal of 1 or more trees, the Development Planner May require a report from a certified arborist prior to removal.
5.5.3. The Development Planner May require an application for a Development Permit to be accompanied by a Landscaping plan prepared by a specialist or group of specialists. At the discretion of the Development Planner, approval of the Landscaping plan May be required prior to issuance of the Development Permit or as a condition of Development Permit approval. For the purposes of this section, a specialist is a professional:
 
5.5.3.1. Engineer;
5.5.3.2. Architect;
5.5.3.3. landscape architect;
5.5.3.4. agronomist; or
5.5.3.5. person having, according to the Development Planner, the equivalent experience and skills as an individual listed above.
5.5.4. Where a Landscaping plan is required, the plan Shall include the following:
 
5.5.4.1. boundaries and dimensions of the Site;
5.5.4.2. keymap describing Adjacent Land Uses, their boundaries and dimensions;
5.5.4.3. location of adjacent sidewalks, pathways, driveway entrances, easements, right-of-ways, and laneways;
5.5.4.4. location and name of adjacent streets;
5.5.4.5. footprint and dimensions for all Buildings;
5.5.4.6. location, grade, and description of any sound mitigation measures if such measures are required or proposed;
5.5.4.7. all existing berms, contours, walls, Fences, outdoor and street furniture, lighting, and decorative paving;
5.5.4.8. location of all existing plant materials to be retained; and
5.5.4.9. location and description or illustrations of all proposed hard and soft Landscaping Elements.
5.5.5. Landscaping May include hard elements such as decorative rock, brick, ceramic, wood and/or concrete; and soft elements such as grass, trees, Shrubs and/or flower gardens. Earthen berms, ponds, ornaments, decorative walls, and Fences May also be incorporated into Landscaping designs. Other Landscaping elements May be accepted by the Development Planner, especially where Landscaping is done according to a specific theme.
5.5.6. For the purposes of Edmonton South Special Area, a tree or Shrub Shall be:
 
5.5.6.1. structurally sound, well-balanced, healthy and vigorous;
5.5.6.2. of normal growth habits; and
5.5.6.3. densely foliated when in leaf, with a healthy, well developed root system.
5.5.7. For the purpose of Landscaping requirements as required in Edmonton South Special Area, a Landscaping element is considered to be:
 
5.5.7.1. a deciduous tree having a minimum trunk caliper of 50.0 mm (2.0 in.) measured at 0.5 m (1.6 ft) above grade;
5.5.7.2. a coniferous tree having a minimum height of 2.0 m (6.5 ft.) above grade;
5.5.7.3. a group of 3 Shrubs;
5.5.7.4. a vine exceeding 2.0 m in length;
5.5.7.5. a flower bed covering a minimum area of 2.0 m2 (21.5 ft2);
5.5.7.6. a lawn covering the entirety of a Site excepting Building footprints and areas reserved for the maneuvering and/or storage of vehicles or areas occupied by other Landscaping elements as required by Edmonton South Special Area; or
5.5.7.7. a combination of hard elements covering an area of 2.0 m2 (21.5 ft2) or greater, but not including areas reserved for vehicle maneuvering.
5.5.8. Landscaping Shall not include:
 
5.5.8.1. toxic or dangerous materials and/or substances; or,
5.5.8.2. materials, devices, components, and elements that May constitute a health or safety hazard.   
5.5.9. Vegetation used for Landscaping Shall be located such that it will grow to maturity without causing negative impacts to adjacent properties and/or public infrastructure.
5.5.10. Where a Landscaping plan is required, the requirements for the number of elements May be varied at the discretion of the Development Planner provided that existing elements are incorporated into the Landscaping plan.
5.5.11. Where the required number of elements is a fractional number, it Shall be rounded down if below 0.5 and rounded up if equal to or greater than 0.5. When calculating this requirement, the Lot area required for primary or Accessory Buildings Shall not be included in the calculation.
5.5.12. Where a Development does not include a Building, Landscaping requirements for the Front Yard Shall be applied to the entire Lot area.
5.5.13. The owner of the property, or his/her successor or assignees, Shall be responsible for the maintenance of Landscaping to the satisfaction of the Development Planner and in concordance with any drainage plan affecting the property. If a Landscaping element does not survive a 2 year maintenance period, the Applicant must replace it with a similar species type of comparable caliper width.
5.5.14. At the time of Subdivision, or as a condition of a Development Permit, an irrevocable letter of credit May be required, up to a value of 125% of the estimated cost of the proposed Landscaping to ensure that the Landscaping is carried out with reasonable diligence. The condition of the security Shall be that the Landscaping Shall be completed in compliance with Edmonton South Special Area regulations and the plan within 1 growing season after the completion of the Development. If the Landscaping does not survive the 2 year maintenance period specified in Subsection 5.5.13, the amount fixed Shall be paid to the City for the City to replace the Landscaping.
5.5.15. Landscaping plans addressing Streetscape, Screening, and/or nuisance mitigation shall be approved by the Development Planner prior to approval of a Development Permit.
5.5.16. Despite the requirements for Landscaping and/or Screening in each Edmonton South Special Area Zone, Landscaping and/or Screening shall be required for all non-agricultural Development within the Highway 2 corridor in compliance with the provisions of the Highway 2 Corridor Design Guidelines.
5.5.17. A Site used for a multi-unit residential or row housing Development Shall provide an Amenity Space within a year of construction completion for the active or Passive Recreation and enjoyment of the occupants of the Development. The Amenity Space May consist of a single landscaped communal area or the Amenity Space May be divided into private, individual Amenity Space adjacent to, and for the private use of, each residential Dwelling unit, or some combination thereof.
5.6. Lighting
 
5.6.1. Outdoor lighting on a Site Shall be located and designed so as to not interfere with the use and enjoyment of neighbouring properties, or with the safe and effective use of public roadways.
5.6.2. The maximum permitted height for a freestanding light pole is 9.0 m (29.5 ft.) above Building Grade unless otherwise determined by the Development Planner who Shall have regard for the scale and character of adjacent Development and any matters of aesthetics or public safety considered to be relevant.
5.7. Lot Requirements
 
5.7.1. In all Edmonton South Special Area Zones, a Development Permit for a Discretionary Use Shall not be approved unless, in the opinion of the Development Planner, the Lot is suitable for the proposed Development.
5.7.2. When determining the suitability of a Lot for Development, the Development Planner Shall consider the following elements:
 
5.7.2.1. Lot size;
5.7.2.2. topography and natural features;
5.7.2.3. availability of potable water;
5.7.2.4. method of sewage disposal;
5.7.2.5. Site drainage;
5.7.2.6. road access;
5.7.2.7. Environmental Impacts; and
5.7.2.8. any other Site-related factors considered to be relevant.
5.7.3. Where not prescribed in Section 3.60, 3.61, 3.62, 3.63, 3.64, 3.65, 3.66, 3.67, or 3.68, the minimum Lot size for a proposed Development Shall be determined by the Development Planner, taking into account the Setback requirements of the Zone, requirements for on-site sewage disposal and parking, and where specified, the minimum Floor Area required for the Development.
5.8. Parking and Loading
 
5.8.1. All Development, including Building additions and changes in the Use or intensity of Use on a Site Shall be required to provide on-site parking in compliance with Schedule 1 of Edmonton South Special Area.
5.8.2. The minimum number of on-site Parking Spaces required for each Use of a Building or Development Shall be in compliance with Schedule 1:
Schedule 1 Edmonton South Special Area: On Site Parking Requirements
Use of Building or Site Minimum Number of on-site Parking Spaces Required
Residential
Dwelling, Principal 2 per Dwelling
Dwelling, Secondary 1 per Dwelling*
Apartment Dwelling 1.5 per Dwelling (for 1 or 2 bedroom Dwelling) or 2 per Dwelling (3 bedrooms or more) + 1 per 7 Dwellings for visitors
Townhouse Dwelling 2 per Dwelling
Guest House 1 per Dwelling*
Group Home 1 per 2 employee*
Home Based Businesses 1 per non-resident employee**
Bed and Breakfast 1 per guest unit*
* In addition to the number of spaces required for the Principal Dwelling.
**In addition to the number of spaces required for the Principal Dwelling as well as any commercial vehicles associated with the Home Based Business.
Commercial
Business Offices 1 per 30.0 m2 (323 ft2) of GFA*
Medical and/or dental offices or clinics 4 per doctor or dentist
Retail and service shops with GFA below 2000 m2 1 per 45.0 m2 (484  ft2) of GFA
Retail and service shops with a GFA 2000 m2 to 20,000 m2 1 per 30.0 m2 (323  ft2) of GFA
Retail/service shops with GFA more than 20,000 m2 1 per 25.0 m2 (269  ft2) of GFA
Restaurants
Drinking Establishments		 the greater of 1 per 4.0 seats or 1 per 10.0 m2 (108  ft2) of GFA
Drive-in Restaurants 1 per 2.8 m2 (30  ft2) used by patrons
Automotive repair and services
auto body shops
tire shops		 2 per service bay
Hotels
Motels		 1 per guest room, + 1 per three employees on maximum shift, +1 per 4 seats of any associated eating or Drinking Establishment
* Gross Floor Area
Industrial
Manufacturing plants
General Industrial
Warehousing and Storage yards
servicing and repair establishments
research laboratories
public utility Buildings		 1 per 100.0 m2 (1076  ft2) of GFA up to 2000 m2 + 0.5 per extra 100 m2
Auction marts
Outdoor Storage yards		 Determined by Development Planner
Places of Assembly
Private clubs
Cultural Facilities
Religious Assemblies
recreation centres and other
amusement or recreational
establishments		 the greater of 1 per 5 seats or 1 per 10.0 m2 (108 ft2) of GFA used by patrons
Exhibition and Convention Facility 1 per 5 fixed seating spaces + 1 per 10.0 m2 of area used by patrons
Golf Course 4 Parking Spaces per hole + parking for associated users as required by the Edmonton South Special Area regulations
Schools
Elementary and Junior High Schools the greater of 2 per classroom or 1 per 10 students
Senior High Schools the greater of 5 per classroom or 1 per 5 students
Post-secondary and other college- type facilities as determined by Development Planner
 
5.8.3. Where a Use is not specified in Subsection 5.8.2, the number of stalls provided Shall be the same as for a similar Use as determined by the Development Planner.
5.8.4. Where a Development on a Lot includes more than 1 Use, the required number of spaces Shall be the sum of the requirements for each of the Uses as specified in Subsection 5.8.2 unless it can be shown to the satisfaction of the Development Planner that Parking Spaces May be shared between Uses with different hours of operation.
5.8.5. Where a fractional number of Parking Spaces are required by this Bylaw, the next highest number of stalls Shall be provided.
5.8.6. All required on-site Parking Spaces Shall be provided on the Lot served by the parking unless arrangements have been made to the satisfaction of the Development Planner, to provide such parking on another Lot. If another Lot is to be used, the parking Shall be located within 150.0 m (492.1 ft.) of the Use they are intended for, and a safe and secure connection must be provided between the parking area and the Use.
5.8.7. Where permitted in Zone Regulations, on-site parking within a Front Yard or flanking Side Yard Shall be incorporated into a Landscaping plan and screened to the satisfaction of the Development Planner.
5.8.8. A Parking Space Shall be rectangular with a minimum width of 2.6 m (8.5 ft.) and length of 5.5 m (18 ft.), and minimum vertical clearance of 2.0 m (6.5 ft.).
5.8.9. Despite Subsection 5.8.8, where parallel Parking Spaces are provided, each internal space Shall be increased to a minimum length of 7.0 m (23.0 ft.).
5.8.10. Aisles within on-site parking area Shall have a minimum width of 7.5 m (25.0 ft.) for 90° parking, 7.0 m (23.0 ft.) for 75° parking, 5.5 m (18.0 ft.) for 60° parking and 3.6 m (12.0 ft.) for 45° parking or parallel parking.
5.8.11. Included within the required number of Parking Spaces for a Development, sufficient public Parking Spaces for the disabled Shall be provided in compliance with the requirements of the applicable Building code.
5.8.12. Where a merchandise and/or material loading area is required as part of a Development, it Shall be provided entirely within the Lot boundaries to the satisfaction of the Development Planner.
5.8.13. Where a passenger loading area is required as part of a Development, it Shall be:
 
5.8.13.1. located as close as reasonably possible from an entry to the Building;
5.8.13.2. located in such a manner as not to interfere with any required space for emergency vehicles;
5.8.13.3. not less than 5.0 m in width; and
5.8.13.4. not less than 6.0 m in length.
5.8.14. Where a certain number of Parking Spaces are required for a Use under Subsection 5.8.2 the Development Planner May relax the number of on-site vehicle Parking Spaces required if bicycle parking is provided on-site to the satisfaction of the Development Planner.
5.9. Pipeline Setbacks
 
5.9.1. Development Setbacks from pipeline rights-of-way, oil and gas installations and other utility corridors Shall meet or exceed the requirements of the Province.
5.9.2. Subject to Subsection 5.9.1, for the following Uses, the minimum Setback from the right-of-way of a pipeline with a maximum licensed operating pressure of 3447.5KPa or greater is:
 
5.9.2.1. 1.0 m (3.3 ft.) for an Accessory Building
5.9.2.2. 15.0 m (50.0 ft.) for a principal residential, commercial or industrial Building; and
5.9.2.3. 200 m (656 ft.) for a Principal Building for sensitive Uses including but not limited to community recreation services, private education, public education, spectator entertainment, exhibition and convention facilities, major health services, Religious Assemblies, or spectator sports.
5.9.3. The minimum Setback from a pipeline with a maximum licensed operating pressure less than 3447.5KPa is 5.0 m (16.0 ft.) for all Principal Buildings.
5.10. Protection of Agricultural Operations
 
5.10.1. Within an Edmonton South Special Area Zone where an Agricultural Operation is listed as a Permitted Use, the City Shall endeavor to protect such Agricultural Operations from any undue pressures that May arise due to nearby non-agricultural Development.
5.10.2. Where more than 1 minimum Setback distance is applicable under Edmonton South Special Area, the greater distance Shall prevail.
5.11. Site Leveling, Infilling, Grading and Stockpiling
 
5.11.1. No topsoil, fill, aggregate or other similar material Shall be deposited on, moved within, or removed from a property without first obtaining a Development Permit, unless specifically exempt under Section 7.120.
5.11.2. Any application made for Site leveling, Infilling, grading or Stockpiling under Subsection 5.11 Shall be processed as a Discretionary Use in all Edmonton South Special Area Zones, unless specifically exempt under Section 7.120.
5.11.3. Where a Development Site requires leveling, Infilling or grading, the topsoil on the Site Shall be removed, Stockpiled, and replaced following completion of the Site modifications.
5.11.4. Any Development Permit application that involves importing material from outside of the subject property to which the application is being considered, Shall include the following, as an integral part of the application:
5.11.5. Soil Testing, in compliance with Subsection 5.11.13;
5.11.6. A detailed description of the source of the material being considered for the Development Permit (eg. legal land location, Site map, aerial imagery);
5.11.7. detailed description of the reason(s) for making the application (eg. Infilling for construction purposes; to increase agricultural productivity; flood control); and
5.11.8. Any other supporting information deemed necessary by the City to protect agricultural crop land from harmful contaminants.
5.11.9. Should any works undertaken under the provisions of Subsection 5.11 require the removal of any materials from the subject Site, a disposal plan providing an overview of the means of disposal for any surplus topsoil or material Shall be required at the time of application.
5.11.10. Site grading Shall not be permitted to direct additional surface drainage from the subject Lot onto an adjacent Lot unless provided for in an approved drainage plan or storm water management plan for the area.
5.11.11. Site grading Shall not be permitted to impede or interfere with the natural flow of surface water onto Adjacent Lands or public ditches.
5.11.12. Despite Subsection 5.11.11, where provincial approval to divert a natural water course has been obtained, a Development Permit May be issued for Lot grading or Site Development that includes the approved diversion.
5.11.13. Materials used for Infilling, grading or Stockpiling on a Site Shall be free of contaminants and debris to the satisfaction of the Development Planner and the Province (where applicable). If in the opinion of the Development Planner there is a risk of contaminants or debris, the Development Planner May require an Applicant to submit, prior to approval being issued, professional testing to ensure that all materials are free of Agricultural Soil Borne Pests (including, but not limited to Clubroot of Canola) that May be of detriment to the Development Site, or surrounding areas in compliance with Subsection 5.11.12.
5.11.14. Proposals for the Stockpiling of materials sourced from outside of the property, in which the Development Permit is being considered, Shall be determined at the discretion of the Development Planner. The Stockpiling of any materials that do not form an implicit part of a wider Development proposal, that, in the opinion of the Development Planner, will create visual detriment to the surrounding area, Shall not be permitted.
5.11.15. Should any proposed Infilling or grading works be for the provision of future Development, it Shall be the responsibility of the Applicant to demonstrate to the City, at the Development Permit stage, that the material being imported to the Development Site provides adequate ground stability for the intended Use.
5.12. Tree Clearing
 
5.12.1. Tree clearing is considered to be a Discretionary Use in all Edmonton South Special Area Zones, and Shall require a Development Permit unless exempted by this Bylaw. Tree farms and the clearing of land for agricultural Developments are exempted.
5.12.2. For the purposes of Edmonton South Special Area, tree clearing does not include commercial logging operations which are considered to be a Natural Resource Extraction industry.
5.12.3. As part of an application for tree clearing, an Applicant Shall be required to provide the following information:
 
5.12.3.1. reasons for the proposed tree clearing;
5.12.3.2. a description of the vegetation to be cleared;
5.12.3.3. a Site plan with dimensions showing the area to be cleared and any significant natural features on and adjacent to the area to be cleared;
5.12.3.4. a proposed schedule for tree clearing and hauling;
5.12.3.5. the proposed access and haul routes for removing timber; and
5.12.3.6. plans for Site restoration.
5.12.4. When considering an application for tree clearing, the Development Planner Shall have regard for the environmental significance of the area to be cleared and the potential impacts on Adjacent Lands.
5.13. Wildfire Provisions
 
5.13.1. When evaluating a Development application in or adjacent to Wildlands, the Development Authority Shall refer the application to Edmonton Fire Rescue Services for their review and comments with respect to fire safety.
5.13.2. As part of a Development application in or adjacent to Wildlands, an Applicant May be required to provide the following information:
 
5.13.2.1. a description of all vegetation on the Site;
5.13.2.2. a Site plan with dimensions showing all combustible materials on the Site, including Buildings, decks, Fences, firewood storage, trees and brush;
5.13.2.3. a description of the exterior Building materials on all Buildings;
5.13.2.4. a contour drawing of the Site;
5.13.2.5. a description of any fire pit, burning barrel or chimney outlet and its location relative to combustible materials;
5.13.2.6. a description of any propane, gasoline or diesel oil storage and its location on the Site; and
5.13.2.7. the location of overhead power lines on the Site.
5.13.3. As part of a Development application in or adjacent to Wildlands, the Development Planner May require a wildfire hazard assessment.
5.13.4. As a condition of approval for a Development in or adjacent to Wildlands, the Development Planner May require that actions be taken to reduce the risk of wildfire, including the removal of natural vegetation and other combustible materials on the Site and the use of non-combustible materials on the exterior of Buildings.
5.13.5. Despite any other provision of the Edmonton South Special Area regulation, the minimum Setbacks for a Building situated adjacent to a Wildland May be increased, in compliance with recommendations of the Alberta Fire Smart Program, in order to provide an adequate defensible space around the Building in the event of wildfire.
5.14. Front Yard
 
5.14.1. In the case of a Corner Lot, the Front Yard Shall be the narrower of the 2 frontages unless otherwise determined by the Development Planner.
5.14.2. Where a corner Site comprises more than 1 Lot, the Front Yard of the entire Site Shall be taken on the same frontage as the Corner Lot.
5.14.3. The Development Planner May require a Double Fronting Lot to provide Front Yard Setbacks on each road to improve the Streetscape appearance and achieve Setback consistency with Development on adjacent properties.
5.14.4. Where a Lot is both a Corner Lot and a Double Fronting Lot, the Development Planner Shall determine which frontages Shall be considered the Front Yard for purposes of Building orientation and Setback.
5.15. Screening and Fencing
 
5.15.1. Screening May be required by the Development Planner to minimize the impact of elements considered to be unsightly.
5.15.2. The Landowner Shall be responsible for the maintenance of Screening and/or Fencing to the satisfaction of the Development Planner.
5.15.3. Screening elements Shall be unobtrusive and aesthetically pleasing, with a size and height considered appropriate by the Development Planner, unless otherwise specified in a Zone with specific Screening requirements.
5.16. Projections into Yards
 
5.16.1. Structures erected and equipment installed to ensure barrier-free access to a Development or Building, and which are projecting into a required Yard, May be approved by the Development Planner, provided that the projection meets the provisions of the Alberta Building Code.
5.16.2. Utilities, underground parking, and similar structures constructed entirely beneath the surface of the ground May encroach into required yards provided such underground encroachments do not result in a grade inconsistent with abutting properties and the encroachments are covered by sufficient soil depth or surface treatment to foster Landscaping.
5.17. Campground
 
5.17.1. Where considering an application for Development of a Campground whether consisting of campsites or Recreational Lots, the Development Planner Shall have regard for the suitability of the Site based on its physical attributes, accessibility, surrounding land uses and environmental sensitivity.
5.17.2. A Campground Shall not be permitted within 305 m (1,000 ft.) of a Multi-Lot Residential Subdivision. Exceptions May be made where a highway bisects the minimum separation distance.
5.17.3. An application for a Campground Shall include a detailed plan showing natural contours and vegetation, vehicle and pedestrian circulation systems, children’s play areas, utilities, Buildings, service areas and proposed campsites to the satisfaction of the Development Planner.
5.17.4. The number and layout of campsites or Recreational Lots in a Campground Shall be to the satisfaction of the Development Planner who Shall consider environmental sensitivity, privacy of campers, potential impact on roads, Adjacent Land uses, public recreation facilities and other factors considered relevant.
5.18. Child Care Facility
 
5.18.1. When considering an application for the Development of a Child Care Facility the Development Planner Shall take into account the size, configuration and quality of the Site and associated Buildings, Adjacent Land uses, potential traffic generation, proximity to Parks, open spaces or recreation areas, and potential impacts on other Development in the surrounding area.
5.18.2. The Development Planner May consult with provincial and municipal child service agencies prior to making a decision.
5.18.3. A Child Care Facility Shall provide, to the satisfaction of the Development Planner, a minimum of 1 on-site Parking Space for every 3.0 m2 of Floor Area as defined by Provincial childcare regulations, as amended from time to time.
5.19. Dwelling, Garden Suite
 
5.19.1. A Dwelling, Garden Suite May be approved on a Lot of 0.8 ha (2.0 ac) or more if, in the opinion of Development Planner, it would not interfere with the existing quality of life or character of the neighbourhood.
5.19.2. A Dwelling, Garden Suite shall be located and designed to connect with utilities serving the host residence and shall not jeopardize services to neighbouring Lots. If a proposed garden suite cannot practically be connected with the water or sewer utility on the Site, it May be permitted to have a pump-out holding tank for sewage and/or a cistern for a potable water supply.
5.19.3. A Dwelling, Garden Suite shall be designed, constructed, and finished in a manner that is, in the opinion of the Development Planner, visually compatible with the principal on the Site and the general Development of the neighbourhood.
5.19.4. The gross Floor Area of a garden suite shall be no less than 37.2 m2 (400 ft2) and no more than 65 m2 (700 ft2).
5.19.5. The maximum height of a garden suite shall be no more than 4.5 m (14.7 ft.).
5.19.6. A garden suite shall comply with the minimum Setback requirements of the district.
5.19.7. The Site around a garden suite shall be graded to minimize pooling under or around the suite and to avoid storm water runoff onto adjacent Lots.
5.19.8. A permit issued for a garden suite shall be temporary, for a term not exceeding 5 years, and May be renewed upon subsequent application. Upon expiry of the permit, and if it is not renewed, the suite shall be removed or incorporated into the Dwelling, principal and the Site restored to the satisfaction of the Development Planner.
5.20. Dwelling, Manufactured Home
 
5.20.1. A Dwelling, Manufactured Home Shall have C.S.A. certification, or an equivalent to the satisfaction of the Development Planner, to be submitted with the Development Permit application.
5.20.2. A Dwelling, Manufactured Home Shall be placed on a proper foundation in compliance with Alberta Building Code Regulations. The foundation Shall be temporary where a Dwelling, Manufactured Home is limited to a temporary approval as a Dwelling, Secondary under Subsection 5.22.9.
5.20.3. The undercarriage of a Dwelling, Manufactured Home Shall be completely screened from view by a foundation, skirting or structural addition to the satisfaction of the Development Planner.
5.20.4. The design, construction and appearance of all steps, porches, decks and additions Shall be of a standard that is compatible with that of the Dwelling, Manufactured Home.
5.21. Dwelling, Moved-In
 
5.21.1. In any Edmonton South Special Area Zone allowing residential Uses, a previously owned Dwelling, Detached moved onto an existing Lot Shall be considered a Dwelling, Moved-In and is a Discretionary Use.
5.21.2. A Dwelling, Moved-In Shall not be approved unless, in the opinion of the Development Planner, the Building is designed, constructed, and finished in a manner that is visually compatible with existing Development in the neighbourhood.
5.21.3. As a condition of Development approval, the Development Planner May require a letter of agreement and a security from the Applicant to ensure the satisfactory completion of any required Site work, construction, or finishing of a Dwelling, Moved-in.

 
5.22. Dwelling, Secondary
 
5.22.1. A Dwelling, Secondary May include a Dwelling, Detached, Dwelling, Garden Suite, Dwelling, Secondary Suite, Dwelling, Custodial Suite or Dwelling, Manufactured Home as defined and regulated in Edmonton South Special Area.
5.22.2. Where permitted in Edmonton South Special Area Zone regulations, a Dwelling, Secondary Shall be approved on a Lot of 32.4 ha (80.0 ac) or greater provided it complies with the regulations of Edmonton South Special Area.
5.22.3. Despite Subsection 5.22.2, a Lot that is slightly less than 32.4 ha (80.0 ac) due to the provision of land for a road widening, utility Lot or similar Use May be considered to be the same as a 32.4 ha (80.0 ac) Lot for the purposes of this section.
5.22.4. On a Lot 32.4 ha (80.0 ac) or greater, where there are already 2 Dwellings, Principal and a Dwelling, Secondary, an additional Dwelling, Secondary Shall be limited to a Dwelling, Garden Suite, Dwelling, Secondary Suite or Dwelling, Custodial Suite.
5.22.5. On a Lot between 0.8 ha (2.0 ac) and 32.4 ha (80.0 ac) in area, a Dwelling, Secondary May be approved subject to the following conditions:
 
5.22.5.1. On a Lot less than 2.0 ha (4.9 ac) a Dwelling, Secondary Shall be limited to a Dwelling, Garden Suite, or Dwelling, Secondary Suite, only;
5.22.5.2. On a Lot between 2.0 ha(4.9ac) and 32.4ha (80), Dwelling, Secondary Shall not include a Dwelling, Detached; but May include a Dwelling, Manufactured Home; a Dwelling, Garden Suite; or Dwelling, Custodial Suite on a discretionary basis.
5.22.6. Despite Subsection 5.22.5, on any Full-Serviced Residential Lot a Dwelling, Secondary Suite May be approved subject to such conditions as are deemed to be necessary to ensure that the Development will not have an adverse impact on adjacent properties.
5.22.7. Where exercising discretion under Subsection 5.22.5, the Development Planner must be satisfied that the Dwelling, Garden Suite or Dwelling, Secondary Suite is suitable and compatible with the physical aspects of the Lot and the residential image of the neighbourhood.
5.22.8. Upon expiry of a limited-term permit issued in compliance with Subsection 5.20.2, the Dwelling, Secondary Shall be removed and the Site restored to the satisfaction of the Development Planner. In the case of Dwelling, Secondary Suite, the cooking facilities, including 240 volt wiring, Shall be removed.
5.22.9. A limited-term permit for a Dwelling, Secondary on a Lot less than 32.4 ha (80.0 ac) issued prior to March 11, 2008, May be renewed regardless of its compliance with 5.22.5.2.
5.23. Frame and Fabric Structures
 
5.23.1. A Frame and Fabric Structure May be permitted for a period of up to 5 years and only as an Accessory Building to an approved Principal Building on the Site and within Edmonton South Special Area Zones where Frame and Fabric Structure Use is listed as discretionary.
5.23.2. Despite Subsection 5.23.1, an engineered Frame and Fabric Structure May be permitted on a Site with no Principal Building if the Principal Use of the Site is Utility Service, Major.
5.23.3. Despite Subsection 5.23.1, a Frame and Fabric Structure Shall be exempt from the requirement of a Development Permit in the (AES) Agricultural Edmonton South Zone for the sole purpose of an agricultural Use that is exempted under Subsection 9 of Section 7.120, providing that it meets all other relevant regulations of Edmonton South Special Area.
5.23.4. A Frame and Fabric Structure permitted under Subsection 5.23.1 Shall only be allowed as an Accessory Building to an approved Principal Building on the Site, and Shall be reviewed in compliance with the Accessory Building regulations of the appropriate Edmonton South Special Area Zones.
5.23.5. If a Frame and Fabric Structure is permitted under Subsection 5.23, it Shall be the Landowners responsibility to repair, replace or remove the structure should it begin to show signs of wear & tear, damage, discoloration or any other factor deemed to be detrimental to safety or aesthetical value.
5.23.6. With the exception of an exemption under Subsection 5.22.3, in the Agricultural Edmonton South Zone, a Frame and Fabric Structure shall not be located in a Front Yard.
5.24. Group Home
 
5.24.1. In considering conditions for an application for a Group Home, or a Group Home, Limited where they are Permitted Uses, or whether to approve or refuse an application where they are Discretionary Uses, the Development Planner Shall take into account the size of the Lot, distances from adjacent Developments, potential traffic generation and impact on the use and enjoyment of neighbouring Lots.
5.24.2. The Development Planner Shall establish the maximum number of persons for which care May be provided in compliance with provincial regulation, and having regard for the nature of the facility, and the density of the Zone in which it is located.
5.25. Guest House
 
5.25.1. A Guest House May be all or part of an Accessory Building and is not intended to be used as a self contained unit.
5.25.2. There Shall be no more than one Guest House per Lot. The Guest House Shall be subordinate in size to the Dwelling, Principal.
5.26. Home Based Business
 
5.26.1. A Home Based Business Shall:
 
5.26.1.1. Not be approved on a Lot without an occupied Dwelling.
5.26.1.2. Not negatively affect neighbouring or adjacent residents by way of excessive lighting, operation at unreasonable times, traffic, noise, dust, or excessive on-street or off-street parking or any other factor considered relevant.
5.26.1.3. Not detrimentally vary the external appearance of land or Buildings.
5.26.1.4. Not occupy more than 30% of the gross Floor Area of the Principal Dwelling or 50% of any Accessory Buildings.
5.26.1.5. Be limited to 1 Home Based Business per Lot.
5.26.2. A Home Based Business Type 1 Shall:
 
5.26.2.1. Not store materials and equipment outdoors.
5.26.2.2. Not erect on-site signage.
5.26.2.3. Not permit client visits.
5.26.2.4. Not use commercial business vehicles.
5.26.2.5. Employ only residents who permanently reside in the Dwelling.
5.26.2.6. Not operate outdoors.
5.26.3. A Home Based Business Type 2 Shall:
 
5.26.3.1. Not store materials and equipment outdoors.
5.26.3.2. Not fabricate, repair or maintain equipment other than to service a permitted commercial vehicle.
5.26.3.3. Limit signage to 1 non-illuminated identification Sign not exceeding 1.0 m2 (10.0 ft2) in size subject to Subsection 6.
5.26.3.4. Be associated with no more than 1 commercial vehicle, parked and maintained on the Site; vehicles Shall not exceed 1 ton in weight.
5.26.3.5. Restrict the number of non-resident employees to 1.
5.26.3.6. Limit client visits and vehicle traffic at the discretion of the Development Planner.
5.26.3.7. Not occupy more than 30% of the gross Floor Area of the Principal Dwelling or 50% of any Accessory Buildings.
5.26.3.8. Be limited to a maximum 2 year approval period, which will be subject to review through reapplication prior to expiration.
5.26.3.9. Not be located in a Dwelling, Secondary.
5.26.3.10. Not operate outdoors.
5.26.4. A Home Based Business Type 3 Shall:
 
5.26.4.1. Not be permitted in a Multi-Lot Residential Subdivision (4 or more contiguous parcels for residential purposes) or within 400 m (1,312 ft) of an existing Multi-Lot Residential Subdivision.
5.26.4.2. Screen Outdoor Storage from public view to the satisfaction of the Development Planner. The maximum permissible area for Outdoor Storage is 92.9m2 (1000 ft2).
5.26.4.3. Be limited to 1 non-illuminated identification Sign not exceeding 1.0 m2 (10.0 ft2) in size subject to Subsection 6.
5.26.4.4. Be limited to a maximum 2 year approval period, which will be subject to review through reapplication prior to expiration.
5.26.4.5. Have no more than 2 commercial vehicles and 1 trailer, parked and maintained on the Site. Vehicles Shall be restricted to 1 vehicle, 1 ton or under and 1 vehicle over 1 ton up to a maximum of a semi-truck and associated trailer.
5.26.4.6. Limit the number of non-resident employees to a maximum of 3.
5.26.4.7. Limit the number of non-resident employee vehicles parked on the Site to a maximum of 3.
5.26.4.8. Limit client visits and vehicle traffic at the discretion of the Development Planner.
5.26.4.9. Restrict outdoor activity to the loading and unloading of equipment to within an approved Outdoor Storage area.
5.26.4.10. Not be located in a Dwelling, Secondary.
5.27. Kennel
 
5.27.1. A Kennel Shall not be permitted within or adjacent to a Multi-Lot Residential Subdivision or closer than 400 m (1,312 ft.) from the boundary of a Multi-Lot Residential Subdivision. Exceptions May be made where a highway bisects the minimum separation distance.
5.27.2. A Kennel within 400 m (1,312 ft.) of a Multi-Lot Residential Subdivision that provides, to the satisfaction of the Development Planner, evidence of its existence prior to passage of March 11, 2008, May be permitted to continue operating but will not be permitted to expand.
5.27.3. All Kennel Buildings and exterior exercise areas May be required to have soundproofing and Screening to the satisfaction of the Development Planner.
5.27.4. No Building or exterior exercise area used to accommodate dogs Shall be located within 30.0 m (98.0 ft.) of any property line of the Lot on which the Kennel is located.
5.27.5. No Building or exterior exercise area used to accommodate dogs Shall be located within 90.0 m (295 ft.) of any Dwelling on an adjacent Lot.
5.27.6. All exterior exercise areas (runs) Shall be enclosed with a Fence acceptable to the Development Planner.
5.27.7. All Kennel Buildings and exterior exercise areas Shall be Sited behind the Principal Building.
5.28. Outdoor Storage
 
5.28.1. The following Shall apply in all Edmonton South Special Area Zones:
 
5.28.1.1. No person Shall store goods, products, materials or equipment outside of a Building unless the storage is subject of an approved Development Permit or deemed by the Development Planner to be an integral part of another Use that has been approved or does not require a Development Permit.
5.28.1.2. Outdoor Storage areas May be required to be Screened from view by means of Fencing, Shrubbery, trees and other Landscaping to the satisfaction of the Development Planner.
5.28.1.3. No Outdoor Storage activity May be undertaken if in the opinion of the Development Planner it would unduly interfere with amenities of the district or adversely affect neighbouring Lots by reason of excessive noise, smoke, steam, odour, glare, dust, vibration, refuse matter or other noxious or hazardous emissions.
5.28.1.4. Outdoor storage areas Shall be located, developed and maintained in a neat and orderly manner to the satisfaction of the Development Planner.
5.28.2. In addition to the regulations of Subsection 5.28.1, the following Shall apply in the Industrial-Light Edmonton South (ILES), Industrial Business Edmonton South (IBES) and Urban Commercial 3 Edmonton South (UC3ES) Zones:
 
5.28.2.1. There Shall be no Outdoor Storage of goods, products, materials or equipment permitted within a required Front Yard Setback.
5.28.2.2. Outdoor Storage areas Shall be graded and surfaced to the satisfaction of the Development Planner.
5.28.2.3. Fencing and/or Landscaping to the satisfaction of the Development Planner May be required as a condition of approval for any Outdoor Storage.
5.29. Cannabis and Cannabis Related Uses
 
5.29.1. No Cannabis shall be permitted to be grown outdoors.
5.29.2. On-site Cannabis sales shall not be permitted from any Cannabis Production Facility or Cannabis Storage & Distribution Facility.
5.29.3. Hours of operation of any Cannabis related Use shall be restricted at the discretion of the Development Planner.
5.29.4. The sale of Cannabis shall not occur on the same premises as tobacco and/or Liquor Sales.
5.29.5. Any regulations within this Bylaw are not intended to include personal Cannabis growing or possession limits as established by the federal and/or provincial government and includes both the medical and/or recreational growing of Cannabis.

 

6.1. Unless specifically exempted under Section 7.120 of this Bylaw, placement of a Sign on any land within the Edmonton South Special Area Shall require a Development Permit.
6.2. Unless exempted under Section 7.120 of this Bylaw, a Sign Shall be considered a Discretionary Use in all Edmonton South Special Area Zones.
6.3. An application for a Development Permit for a Sign Shall include drawings, acceptable to the Development Planner, that include:
 
6.3.1. a Site plan showing distances to property lines, approaches or driveways, and existing Buildings;
6.3.2. elevations showing overall dimensions and height of the Sign, projections of the Sign from any part of the Building or over public property, and clearances above Building Grade;
6.3.3. the proposed graphics, including the size of letters or numbers on the Sign; and
6.3.4. the manner of illuminating the Sign.
6.4. The quality, aesthetic character and finishing of a Sign Shall be to the satisfaction of the Development Planner.
6.5. A Landowner May be required to remove or repair any Sign which in the opinion of the Development Planner is unsightly or in such a state of disrepair as to constitute a hazard.
6.6. No Sign Shall obstruct free and clear vision of vehicle and pedestrian traffic.
6.7. No Sign Shall interfere with or be confused with an authorized traffic Sign, signal or device.
6.8. No Sign other than one exempted under Section 7.120 or allowed under Subsection 5.22 Shall be placed within any Multi-Lot Residential Subdivision.
6.9. Every application for a Digital Media Sign will be considered according to its individual merits. A permit May be granted, provided that:
 
6.9.1. the Sign conforms to all other regulations in the Edmonton South Special Area;
6.9.2. in the opinion of the Development Planner, the illumination or animation will not create a hazard to traffic on any public roadway or interfere with the use or enjoyment of any adjacent property.
6.10. The face area of a non-digital media Freestanding Sign Shall not exceed 8.0 m2 (86.1 ft2) for the first 15.0 m (49.2 ft.) of lineal frontage, plus 0.1 m2 (1.1 ft2) for each additional lineal foot of frontage to a maximum of 20.0 m2 (215 ft2).
6.11. Despite Subsection 6.10, on a Lot designated as an Industrial-Light Edmonton South (ILES), Industrial Business Edmonton South (IBES) or Urban Commercial 3 Edmonton South (UC3ES) Zone, a Freestanding Sign exceeding the maximum copy area May be approved, provided it otherwise complies with this Bylaw and, in the opinion of the Development Planner, does not detract from or interfere with other approved Developments.
6.12. The maximum height of a Freestanding Sign Shall be 9.0 m (29.5 ft.) above grade level at the nearest point on the edge of the roadway surface of an adjacent public road.
6.13. Despite Subsection 6.12, the Development Planner May vary the maximum permitted height of a Freestanding Sign providing that it does not unduly impact the Site or its surroundings and complies with the relevant regulations of Edmonton South Special Area and any other relevant statutory, or non statutory document.
6.14. There shall be no more than 1 Freestanding Sign per Lot frontage, although there May be multiple Sign faces allowed on a Freestanding Sign where more than 1 business occupies the Lot.
6.15. The maximum height of any Sign other than a Freestanding Sign Shall be determined by the Development Planner who Shall have regard for the scale and character of adjacent Development and any matters of aesthetics or public safety considered to be relevant.
6.16. A Temporary Sign May be approved by the Development Planner, in compliance with the following regulations:
 
6.16.1. a permit for a Temporary Sign is effective for a maximum of 90 days;
6.16.2. a permit for a Temporary Sign May be renewed once for a maximum of 60 days within a 12-month period on the same Lot;
6.16.3. only one Temporary Sign is permitted for each Lot frontage,
6.17. a Temporary Sign Shall:
 
6.17.1. have an overall height no greater than 2.0 m (6.5 ft.) above the grade at its base;
6.17.2. Have copy area no greater than 3.0 m2 (32.3 sq. ft); and
6.17.3. be placed completely within the boundaries of the Lot on which it stands.
6.18. A Seasonal Sign May be approved by the Development Planner, in compliance with the following regulations:
 
6.18.1. a permit for a Seasonal Sign is effective for a maximum of 5 years;
6.18.2. a Seasonal Sign Shall be used for a maximum of 90 days per year, and Shall be removed from the Site when not in use;
6.18.3. a Seasonal Sign Shall be placed completely within the boundaries of the Lot on which it stands;
6.18.4. the dimensions and appearance of a Seasonal Sign Shall be at the discretion of the Development Planner; and
6.18.5. only one Seasonal Sign is allowed for each Lot frontage.
6.19. A Digital Media Sign May be approved by the Development Authority, in compliance with the following provisions:
 
6.19.1. A Digital Media Sign must:
 
6.19.1.1. be located a minimum of 300 m from another Digital Media Sign facing the same oncoming traffic.
6.19.1.2. be located a minimum of 25.0 m from a non-digital Freestanding Sign.
6.19.2. Digital display content must remain in place unchanged for a minimum of 6 seconds before switching to new content and shall be a static display.
6.19.3. The maximum time between each different digital display on a Sign is 0.25 seconds.
6.19.4. Digital display content must not include full motion video, animation or flashing images. In the case of an electronic message board, the text May scroll at a pace deemed acceptable to the Development Planner.
6.19.5. If any component of a digital display fails or malfunctions such that the display is no longer operating in compliance with this Bylaw, or with the conditions of the Sign Permit, the Sign Permit holder must ensure that the digital display is turned off until all components are fixed and operating in compliance.
6.19.6. All digital displays must include a dimming feature that will automatically reduce the brightness to adapt to the ambient light level.
6.19.7. The face of a Digital Media Sign shall not exceed 63.0 m2 (680 ft2).
   

 

 

 

Appendix I - Edmonton South Special Area

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Edmonton South Special Area Map Image